Environmental Pollution Liability Insurance Article 1 In order to mitigate the financial impact of accidental pollution damage on the insured, to protect the continuity of the insured's business activities, and to safeguard the lawful rights and interests of the victims of environmental pollution, this insurance is hereby organized. Article 2 This insurance contract consists of insurance clauses, insurance policy, application form and other insurance documents, endorsements, endorsements, declarations and other legally valid written agreements. Insurance Liability Article 3 During the period from the retroactive date to the termination date of the insurance period, the insured person engages in the business activities stated in the insurance policy in the course of the insured premises, due to the pollution damage caused by the sudden accident, which results in the third party's loss as follows, if the third party makes a claim to the insured person for the first time within the insurance period, for the insured person in accordance with the Chinese law should bear the financial liability, the insurer is responsible for compensation within the agreed compensation limit. The insurer shall be responsible for the compensation within the agreed compensation limit: (a) personal injury or death or direct property loss suffered by the third party as a result of the pollution damage; (b) reasonable and necessary cleanup costs incurred by the third party in cleaning up the pollutants according to the relevant environmental protection laws, regulations or administrative orders. Article 4 After the occurrence of an accident, the insured in order to control the spread of pollutants, minimize the damage to the third party, or in order to rescue the third party's life and property incurred reasonable and necessary rescue costs, the insurer is responsible for compensation. Article 5 After the occurrence of an insured accident, the insurer will actively assist the insured in defending the third party's claim against the insured, and the insurer will be responsible for compensating the relevant legal costs (including litigation costs, attorney's fees, investigation and evidence collection fees, etc.) agreed to in advance and in writing by the insurer. Exclusion of Liability Article 6 The insurer shall not be responsible for indemnification of liability, loss or expense arising directly or indirectly from the following causes: (a) Intentional acts or violations of law by the insured, its representatives or employees. (ii) Accidents or pre-existing pollution damages that have occurred prior to the retroactive date of this contract. (iii) Claims known or reasonably foreseeable to the policyholder or insured prior to the date of insurance. (iv) Silica, asbestos and their products. (v) Natural disasters. (vi) War, terrorism, military operations, armed conflict, strikes, riots, insurrection, confiscation and requisition by the government. (vii) Nuclear reaction, nuclear radiation, radioactive pollution. Article 7 The insurer shall not be liable to indemnify the insured against any liability, loss or expense arising from: (i) Loss of any property owned, leased, held in custody or under the control of the insured. (ii) Personal injury or death suffered by the insured's employees in the course of their work. (iii) The Insured's liability under any contract, except to the extent that the Insured would have been liable notwithstanding such contract. (iv) Personal injury or death of a third party and property damage caused by the insured's regular sewage disposal in the course of the insured's business activities for the needs of the business. (v) Personal injury or death and property damage of the third party caused by accidents on the premises or machinery and equipment which should have been accepted by the relevant environmental regulatory authorities but have not been accepted or have failed to be accepted. (vi) Third party liability arising from products produced or sold by the insured. (vii) Fines, penalties, punitive damages. (viii) Any liability for moral damages. (ix) Any consequential damages or loss of profits. (x) Any other liabilities, losses and expenses not covered by this insurance. Limit of Indemnity and Deductible Article 8: The amount of indemnity payable by the insurer for the losses and expenses within the scope of the insurance liabilities of Article 3 and Article 5 of the Terms of Use caused by the same accident shall not exceed the "per accident limit"; among them, the amount of indemnity payable for the third party clean-up costs involved in Article 3 shall not exceed the "per accident limit". The amount of indemnity for the third party's cleanup costs mentioned in Article 3 shall not exceed the "per accident limit". The cost of salvage as stipulated in Article 4 of this Article due to the same accident shall be counted in addition to the "per accident limit", but the maximum amount shall not exceed the "per accident limit". During the period of insurance, regardless of the number of accidents, the insurer's aggregate maximum compensation for the insurance liabilities stipulated in Articles 3, 4 and 5 shall not exceed the "aggregate compensation limit". The insured person shall be responsible for the amount of loss and expense caused by the same accident as the "deductible (or deductible rate) for each accident". The above limits and deductibles (or deductibles) shall be agreed upon by both parties at the time of application and shall be stated in the insurance policy. Insurance Period Article 9 Unless otherwise agreed in this contract, the insurance period of this insurance contract is one year, and the starting and ending periods shall be agreed by both parties to the contract and set forth in the insurance policy. Obligations of the policyholder and the insured Article 10 When concluding this contract, the insurer shall clearly explain to the policyholder the contents of the terms of this contract, especially the exemption of liability provisions, and may make written inquiries about the relevant circumstances of the policyholder and the insured, and the policyholder and the insured shall be truthful. If the policyholder or the insured intentionally conceals the facts, fails to fulfill the obligation of truthful notification, or fails to fulfill the obligation of truthful notification due to negligence, which is sufficient to affect the insurer's decision on whether to agree to underwrite the insurance or to increase the premium rate, the insurer shall have the right to terminate the present contract. If the policyholder or the insured intentionally fails to fulfill the obligation of truthful notification, the insurer shall not be liable to pay the insurance benefits and shall not refund the insurance premiums for the insurance accidents that occurred before the termination of this contract. If the policyholder or the insured fails to fulfill the obligation of truthful notification due to negligence, which has a serious impact on the occurrence of the insurance accident, the insurer shall not be responsible for the payment of the insurance premium for the insurance accident which occurs prior to the termination of this contract, but shall refund the unfulfilled premiums according to the calculation of the day (calculated according to the calculation of a day if the number of days elapsed is less than one day). Article 11 The policyholder shall pay the premium as agreed in the contract. Otherwise, the insurer shall not be liable for compensation for accidents occurring before the payment of premiums and shall have the right to terminate this insurance contract. Article 12 The insured shall strictly observe the provisions of laws, regulations and ordinances related to environmental protection and dangerous goods management, and take reasonable risk prevention measures to prevent pollution damage. The insurer may request a risk survey of the insured's premises and business activities in respect of the risk matters related to this insurance, and the insured shall actively cooperate with the insurer. For the reasonable suggestions made by the insurer to eliminate unsafe factors and hidden dangers, the insured is obliged to take corresponding corrective measures for timely improvement. For the insured's failure to fulfill its due obligations on safety management, the insurer has the right to demand an increase in insurance premium or terminate this insurance contract. Article 13 After the occurrence of pollution damage, the insured has the following obligations: (1) The insured is obliged to take reasonable measures immediately to try its best to control the spread of pollutants and minimize the damage to the third party. Afterwards, experts in environmental protection and pollution control shall be hired to clean up the pollutants in accordance with the requirements of relevant laws and regulations and with the consent of the insurer. The insurer shall have the right to investigate and assess the cleanup procedures and costs, and try its best to control the cleanup costs, and the insured shall actively cooperate with them. The insurer shall not be responsible for compensation for the expanded liability or loss caused by the insured's failure to fulfill this obligation. (b) The insured is obliged to notify the insurer as soon as possible and submit a written report to the insurer within seven days after the accident or within the extended period with the written consent of the insurer, stating all relevant information such as the cause and course of the accident and the pollution damage, the responsible persons concerned, the expenses, the third party concerned and the extent of their losses. At the same time, the Insured shall also report to the relevant governmental authorities in accordance with the requirements of laws and regulations. If the insured fails to fulfill this obligation, resulting in the insurer's inability to conduct reasonable investigation, survey and confirmation of the liability, loss and expense situation, the insurer shall not be responsible for compensation. Article 14 When the insured person learns of or receives a claim or lawsuit from a third party, he/she shall immediately notify the insurer in writing, and when he/she receives a summons from the court or other legal documents, he/she shall promptly send them to the insurer. The insurer has the right to deal with the arbitration or litigation in the name of the insured, who shall provide relevant documents and give necessary assistance. Otherwise, the insurer shall not be responsible for the compensation for the liability enlarged as a result. Compensation handling Article 15 When the insured person requests insurance compensation from the insurer, he/she shall submit: (1) the insurance policy; (2) the application for insurance compensation filled by the insured person or his/her representative; (3) the accident certificate and relevant legal documents issued by the public security, traffic management department, court and other authoritative organizations; (4) the third party's proof of personal injuries or property losses, including medical records, medical reports, medical examination reports, appraisal certificates, expense invoices and documents; and (5) the third party's proof of personal injuries or property losses, including medical records, medical reports, appraisal certificates, expense invoices and documents. , appraisal certificates, expense invoices and bills, loss lists, etc.; (e) relevant reports, information, assessments, etc. of the insured's investigation of pollution damage, and invoices and bills of cleanup expenses; (f) if tried by the court, the court's conciliation or judgment; (g) other necessary materials required by the insurer that can prove the cause, occurrence and degree of loss of the accident. Article 16 In the event of liability, loss or expense within the scope of liability of this insurance, which should be compensated by the responsible party concerned, the insured shall take all necessary measures to claim compensation from the responsible party concerned. From the date of payment of compensation to the insured, the insurer acquires the right of subrogation to the insured's claim for compensation against the responsible party within the scope of the compensation amount. When the insurer exercises the right of subrogation to claim compensation from the responsible party, the insured shall actively assist the insurer by providing the insurer with necessary documents and relevant information known to the insurer. Article 17 Without the written consent of the insurer, the insured or its representative shall not make any promise, refusal, offer, agreement, payment or compensation to the claiming party. In case the insurer deems it necessary, the insurer has the right to deal with the relevant litigation matters in the name of the insured, who shall provide all relevant materials and give necessary assistance. Upon receipt of the insured's request for compensation, the insurer will promptly make an approval, and if it belongs to the insurance liability, the insurer will fulfill the compensation obligation in one lump sum within 10 days after reaching the relevant compensation agreement with the insured. After the insurer and the insured have negotiated on the amount of compensation and fulfilled the compensation obligation, the insurer shall not be liable for compensation if the victim makes a request for compensation to the insured in respect of the same accident. Article 20 In the event of an accident within the scope of insurance liability, if the insured has duplicate insurance, the insurer shall bear the compensation liability in accordance with the ratio of the limit per accident of this contract to the sum of the limits per accident of all duplicate insurance contracts. Article 21 The insurer's acceptance of the report, on-site investigation, loss verification and pricing, participation in the litigation of the case, and provision of advice to the insured do not constitute the insurer's commitment to the liability. Other Matters Article 22 If the policyholder requests to terminate the contract before the commencement of the insurance liability, the insurer shall refund the premiums paid by the policyholder after deducting 3% of the handling fee. If the policyholder requests to terminate the contract after the commencement of the insurance liability, the insurer will collect the premiums for the period from the date of commencement of the insurance liability to the date of termination of the contract according to the short-term rate, and refund the rest to the policyholder. Refunded premium = policy premium × (1 - short-term rate for the month covered) Coverage for less than one month is calculated on a one-month basis. Short-term rate table insurance period (months) 123456789101112 by annual rate (%) 1020304050607080859095100 The insurer may also terminate this insurance contract by giving fifteen days' prior written notice to the insured, and this contract will be automatically terminated fifteen days after the insurer's notice of termination reaches the policyholder. The insurer shall return the unexpired premiums paid by the policyholder on a daily pro rata basis. Article 23 Disputes arising from the fulfillment of this insurance contract shall be resolved through negotiation between the parties concerned. If the negotiation fails, the dispute shall be submitted to the arbitration committee explicitly stated in the insurance policy; if the insurance policy fails to state the arbitration organization or no arbitration agreement has been reached after the dispute has arisen, the dispute may be sued to the people's court with jurisdiction. Article 24 Disputes arising from this insurance contract shall be governed by the laws of the People's Republic of China*** and the State (excluding Hong Kong, Macao and Taiwan). Definitions Article 25 Some words in this insurance contract have specific meanings: Insured premises means the location of the premises used to operate business activities as stated in the insurance policy and owned or leased by the insured. Direct Property Loss means damage to or loss of tangible property. Product means merchandise, including packaging, materials, parts, warranties and descriptions of fitness, quality, life, function, and use, which is manufactured, sold, handled, or distributed by the Insured or its authorized agents, and which is out of the physical control of the Insured or of the person who sells it on behalf of the Insured, whether or not it is in transit or whether or not it has reached the ultimate consumer. Punitive Claims means court-ordered claims that are payable by the insured to the injured party in addition to compensatory claims, and are generally intended to penalize and warn the insured for bad faith acts or omissions. Intentional Act means an act of wishing or letting another person suffer injury or loss, knowing that the act will result in that person's injury or loss. Indirect Loss means the reduction or loss of accrued earnings and increase in expenses that follow from the direct property damage suffered. Cleanup means the investigation, detection, removal, treatment, neutralization, and control of pollutants that endanger human health and affect human production and life, and is a short-term action. Pollution damage means the release, dispersal, leakage, or escape of solid, liquid, gaseous, and thermal irritants including, but not limited to, smoke, vapors, soot, fumes, acids, alkalis, chemicals, and medical wastes, and results in a state of contamination of the natural environment. Pollutant means a substance that causes pollution damage. Accident means a sudden, unintended and unforeseen accident. Retroactive date means a date prior to the starting date of the insurance period, which is agreed between the policyholder and the insurer and stated in the insurance policy in order to limit the timeframe of the occurrence of the accident for which the insurer assumes the insurance liability. Natural disaster refers to the natural phenomena that jeopardize human production, life and property, and bring damage and pain to people, including catastrophic weather, such as cold wave, frost, typhoon, torrential rain, hail, etc.; drought, flood, etc. caused by climatic anomalies; pests and diseases brought about by organisms, such as locusts, etc.; earthquakes, landslides, landslides, volcanic eruptions, tsunamis and so on caused by geologic internal and external camping forces. The natural environment refers to the sum of various natural factors surrounding human beings, including the atmosphere, water, soil, biological and mineral resources.
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